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MONTREAL, Canada – The Court of Appeal in Canada’s Quebec province has quashed a sexual assault conviction, saying the trial judge’s ruling was based on “stereotypes” about the sex drive of young men.
The case dates back to 2008, when an 18-year-old woman accused two fellow soldiers in boot camp of having raped her in a Montreal hotel room.
One of the accused, 21-year-old Tim Robbins, admitted that he had entered the bathroom where the other accused was having sex with the woman, but claimed that he left quickly without assaulting her and went to bed.
At trial in 2015, Judge Manon Ouimet ruled that Robbins’ testimony was not credible because the bathroom sex would have been “for any normal young man… an exciting scene to look at.”
“For the same reason, the court does not believe that he fell asleep as soon as he got into bed,” the trial judge said in her decision.
Robbins was sentenced to 15 months in prison, but appealed the conviction.
“The judge’s comments are unfortunate, they use prejudices and stereotypes, which is an error of law,” the court of appeal said in its decision that was obtained by AFP on Tuesday.
“In reading her reasons, it is unclear whether (the judge) found the appellant guilty because of the persuasive force of the evidence, or because of his young age, he could only have wanted to watch or even participate in the sexual activity,” the court said.
Saying this “irreparably compromised the fairness of the trial,” the court of appeal ordered a new trial. “It’s sad but it cannot be otherwise,” the panel of judges concluded. /cbb